• <abbr id="ck0wi"><source id="ck0wi"></source></abbr>
    <li id="ck0wi"></li>
  • <li id="ck0wi"><dl id="ck0wi"></dl></li><button id="ck0wi"><input id="ck0wi"></input></button>
  • <abbr id="ck0wi"></abbr>
  • <li id="ck0wi"><dl id="ck0wi"></dl></li>
  • Home >

    Large And Medium-Sized Enterprises Should Set Up Labor Dispute Mediation Committee

    2011/12/6 13:38:00 22

    Large And Medium-Sized Enterprises Should Set Up Labor Dispute Mediation Committee

    The Ministry of manpower and social affairs promotes the negotiation and mediation mechanism of labor disputes in Enterprises
    Large and medium-sized enterprises shall set up a labor dispute mediation committee according to law.

    Recently, the Ministry of human resources and social security issued the "enterprise". Labor dispute The provisions for consultation and mediation (hereinafter referred to as the "Regulations") will be implemented in January 1, 2012.


    Labor dispute negotiation and mediation as the first line of defense for labor disputes is expected to cause a lot of labor disputes. case In the enterprise, its legislative intent will make the focus of labor dispute settlement great. change "Professor Liu Jun, vice president of Southwest University of Political Science and Law, told reporters. After the implementation of the labor contract law and the labor dispute mediation and Arbitration Act in 2008, the biggest feeling of the practical departments in the following years was that labor arbitration was shelved, and a large number of labor disputes entered the court. The judge is tired of coping. The case is dealt with by the existing "fact adding clause" procedure. The relationship between labor and employment is simply equivalent to the general civil legal relationship. The reasons for the contradiction and the possibility of compromise between the two sides are not taken into consideration. The contradiction between labor and capital has not been weakened by the use of litigation procedures. On the contrary, the mere dispute of interests in the court has increased the mistrust between employees and employees.


    Under the above background, the stipulation of "negotiation" and "Conciliation" specially emphasizes the fact that it is actually trying to correct the wrong direction of the labor dispute mediation and Arbitration Law ignoring the particularity of labor disputes, and return to the path that many countries commonly emphasize on employment disputes and make more use of consultation and mediation. Liu Jun said.


    The time limit for consultation is clearly defined.

    Since the Ministry of personnel and social affairs promulgated the consultation and mediation measures on enterprise labor disputes (Draft) in June 3rd this year, the issue of how to use the "steering committee" in the enterprise has always been the most concerned issue in the society.


    Whether the "Regulations" issued by the Ministry of human resources and social affairs can really get rid of the name of the "regulation"? In order to solve the most weak consultative issues in dispute settlement, the regulations set forth the establishment of an inter enterprise communication and consultation mechanism within the enterprise, aiming at the prominent problems such as the widespread lack of communication mechanism between employees and employees, the unappealing interest demands of workers, the weakening of the role of the labor dispute mediation committee, and so on. The regulations provide clear requirements for enterprises to build harmonious labor relations, smooth channels for workers' interest demands, and enhance their humanistic care for workers.


    If this can only be regarded as a "general talk" of principle, the following detailed provisions are more rigid constraints for enterprises. The provisions provide specific provisions on the subject, mode, time limit and effectiveness of consultation. For example, the tenth provision for time limits: after one party has made a request for negotiation, the other party shall actively respond orally or in writing. No response within 5 days is considered unwilling to negotiate. The thirty-fourth is to further impose administrative and legal penalties for enterprises that have not established conciliation committees. "These provisions and the" labor dispute mediation and Arbitration Law "compared to the real implementation of the collective bargaining system, partly solved the long-standing employer's" unwilling to talk "problem, is the biggest bright spot. The shortcoming lies in the fact that only one party is unwilling to negotiate, and only stipulates the remedy way of arbitration, which does not match the expression of "ought". Legislation must distinguish between mandatory negotiation subjects, allow negotiation subjects, and deal with employers' delay in negotiation.


      The labor dispute mediation committee extends throughout the grass-roots level.  
    In the provisions of the regulations, the functions of the labor dispute mediation committee have been significantly enhanced. In addition to mediating labor disputes, the mediation committee has the following responsibilities: engaging in labor disputes, appointing and managing the basic responsibilities of the mediators, guiding enterprises to abide by labor safety laws, regulations and policies, and urging enterprises to establish a labor dispute prevention and early warning mechanism; coordinating labor union and enterprise representative organizations to establish an enterprise's major collective labor dispute emergency mediation and coordination mechanism, and jointly promoting the labor dispute prevention and mediation work; and examining the organizational construction, system construction and team building of the mediation committee within the jurisdiction. This not only fully embodies the principle of prevention first, but also reflects the requirements for transforming the source management to more emphasis on management in strengthening and innovating social management, and also provides a system guarantee for the reconciliation and mediation agreement.

    In addition, the regulations also have clear requirements for the establishment of the labor dispute mediation committee. In the draft, "300 or more enterprises should set up a labor dispute mediation committee according to law". The difference is that the regulation has changed this clause to "large and medium-sized enterprises should set up a labor dispute mediation committee according to law". In addition, enterprises with branches, branches and branch offices may set up mediation committees in branch offices as required. The headquarters mediation committee directs the mediation committee of the branch to carry out preventive mediation work. The mediation committee can set up mediation teams in workshop, workshop and team as required. The establishment of a small simple case is handled by the branch mediation committee, and the difficult and complicated cases are handled by the head office (headquarters, the headquarters) mediation committee. At the same time, it is clear that small and micro enterprises can set up mediation committees, or workers and enterprises can jointly elect personnel to carry out mediation work.


    Establishment of arbitration review and confirmation system for labor dispute mediation agreement

    The validity of the labor dispute mediation agreement is confirmed in the provisions. The twenty-seventh article stipulates that the mediation agreement that is effective shall be binding on both parties and the parties concerned shall perform it. At the same time, in order to safeguard the legitimate rights and interests of the parties in time and effectively, enhance the social credibility of the mediation organizations, and guide the parties to choose more mediation methods to settle disputes, the regulation clearly states that the parties can apply for arbitration review to the Arbitration Commission within 15 days from the date of the entry into force of the mediation agreement. After accepting the Arbitration Commission, the mediation agreement shall be examined, and a mediation agreement shall be issued on the basis of the fifty-fourth provision of the arbitration rules for the handling of disputes over labor and personnel disputes.


    Although the regulations have a special and significant significance in comprehensively promoting the construction of harmonious labor relations, some scholars believe that there are still problems in the negotiation and mediation of labor disputes.


    Liu Jun believes that the biggest problem in the "Regulations on the negotiation and mediation of labor disputes" lies in the fifteenth "labor mediation committee composed of representatives of workers and enterprises". "Mediation" is the solution of the third party's presiding or participation in the dispute of rights and obligations between the parties in a neutral position. Judging from the present composition of the mediators, there is no neutral third party at all. Even if a full-time employee is formed, there will be no third party because of the influence of the group. The full-time mediator system of foreign semi official institutions is worth learning from.


    Li Xiong, an associate professor of the school of economics and law, Southwest University of Political Science and Law, told reporters: "the institutionalization of collective bargaining in China is still facing the problem of institutional" short board ", including the lack of collective consultative body construction, the lag of collective bargaining rules, and the shortage of collective consultation and supervision. This is the fundamental constraint on the labor dispute, consultation and mediation of enterprises. In terms of the provisions, "enterprises should establish a mechanism for communication and dialogue between employers and employees". Li Xiong believes that the balance and balance mechanism of the two sides should not be established as the core of the labor and capital management. Under the background of the lack of mutual trust between employers and employees, the so-called communication mechanism between employers and employees is only a beautiful but unrealistic illusion under the "inertia" of years of irregular labor and illegal employment.

    • Related reading

    Ministry Of Commerce Issued "Outline For Development Of Silkworm And Silk Industry" In 12Th Five-Year.

    Departmental notices
    |
    2011/11/22 17:15:00
    19

    Ministry Of Finance Development And Reform Commission: Exemption From 22 Charges For Small And Micro Enterprises

    Departmental notices
    |
    2011/11/18 13:20:00
    13

    Comments On The Provisions Of The Ministry Of Commerce On The Procedures For Business Administration Punishment

    Departmental notices
    |
    2011/11/15 10:18:00
    12

    Ministry Of Industry And Commerce: New Measures To Support Small And Medium Enterprises Will Be Introduced

    Departmental notices
    |
    2011/11/5 9:49:00
    30

    Publication Of The White Paper On Socialist Legal System With Chinese Characteristics

    Departmental notices
    |
    2011/10/28 10:02:00
    26
    Read the next article

    Men'S Fashion Underwear, Underwear, Shopping Mall

    Men's fashionable underwear and underpants are quietly occupying the market. In the past, the "men's stop" underwear store is now becoming a "welcome man". Not only more and more brands have launched a special men's underwear area, but also on Christmas day and other holidays, men's underwear has become the "rocking Qian Shu" of businessmen.

    主站蜘蛛池模板: 国产日韩欧美亚欧在线| 欧美一级中文字幕| 好大好湿好硬顶到了好爽视频 | 俄罗斯乱理伦片在线观看| 三级国产女主播在线观看| 亚洲伊人成人网| 欧美在线视频网| 97精品人妻一区二区三区香蕉| 在线观看国产日本| 99久久亚洲精品无码毛片| 久久无码精品一区二区三区| 亚洲丝袜制服欧美另类| 男人让女人爽30分钟免费| 日本不卡1卡2卡三卡四卡最新| 国产男女猛烈无遮挡| 亚洲va欧美va| 91手机在线视频观看| 欧美日本另类xxx乱大交| 天堂草原电视剧在线观看图片高清| 啊~怎么又加了一根手指| 久久人妻无码中文字幕| 色欲精品国产一区二区三区AV| 最新国产AV无码专区亚洲| 大陆三级午夜理伦三级三| 午夜福利AV无码一区二区 | 国产女人在线观看| 天天看片天天射| 免费夜色污私人影院在线观看| a级毛片高清免费视频就| 综合无码一区二区三区| 日本三浦理惠子中文字幕| 国产91青青成人a在线| 久久综合九色欧美综合狠狠| www五月婷婷| 日韩人妻无码精品一专区| 国产一区二区三区久久精品 | 真实国产乱子伦久久| 在线观看国产小视频| 亚洲乱色伦图片区小说| 5g影院天天爽天天| 欧美日韩无线码在线观看|